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HomeMy WebLinkAbout08059ORDINANCE NO. 8059 AN ORDINANCE APPROVING THE NATIONAL STORAGE USA, FILING NO. 1 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SFrTinN 1 The final plat of the National Storage USA, Filing No. 1 Subdivision, being a subdivision of land legally described as: ALL OF UNIQUE SUBDIVISION FILING NO.1, A SUBDIVISION OF ALL TRACTS 5 AND 6 EVANS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED JULY 6, 1978 IN BOOK 1941 AT PAGE 763, PUEBLO COUNTY, STATE OF COLORADO. is hereby approved, and all dedicated streets, utility and drainage easements, rights -of- way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The Subdivision is approved on the condition that the overhead utility line along the northern property line is buried underground. SECTION 3. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 4. Neither the adoption of this Ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this Ordinance or in the City's subdivision Ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 5. This Ordinance shall be approved upon final passage but shall not become effective until (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City with such modifications, if any, approved by City Council, have been filed with and approved by the Director of Public Works, (b) the conditions of Section 2 have been met and complied with, and (c) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12 -4 -5 (B) (2) of the Pueblo Municipal Code, and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. INTRODUCED: Auaust 10. 2009 BY: Randy Thurston COUNCILPERSON APPR D' } �- PRESIDENTaf City Council A77TSTED DY: CITY CLERK PASSED AND APPROVED: August 24, 2009 Background Paper for Proposed ORDINANCE AGENDA ITEM # R -15 DATE: AUGUST 10, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE NATIONAL STORAGE USA, FILING NO. 1 SUBDIVISION PLAT ISSUE Shall City Council approve a request to resubdivide a 4.843 -acre tract of land located east of North Elizabeth Street and west of 1 -25 into one large lot to facilitate the development of a self- storage facility? The Planning and Zoning Commission, at their July 8, 2009 Regular Meeting, voted 7 -0 to recommend approval with the following condition: According to Section 12 -4 -7 (c)(6), all utilities, except electric lines in excess of 30,000 volts, shall be placed underground. The overhead utility line along the northern property line must be buried underground. BACKGROUND The applicant is proposing to subdivide a 4.83 -acre tract of land to facilitate the development of a self- storage facility containing 14 self- storage structures and a leasing office /managers residence totaling 85,103 square feet of storage space. The property was subdivided in 1978 into nine lots intended for commercial development. However, the property was never converted from a Mobile Home Park that existed since the 1950s into the nine lot, commercial area. The park has deteriorated over the years and is in a state of extreme disrepair. Self- storage facilities are considered uses by review in the B -4 Zone District; because of this the applicant was issued a Special Use Permit on May 27, 2009. After careful review the Zoning Board of Appeals approved the Special Use Permit, with conditions, based on the site plans, narrative and elevations provided with the application. The board approved the proposed development contingent upon the proposed easement vacation and subdivision being approved. The subject site sits adjacent to North Elizabeth Street and west of 1 -25. Because of the topography it is visible from the interstate, traveling both directions and from North Elizabeth Street. The previous subdivision had created smaller commercial lots limiting development for the site. The proposed subdivision will create one sizable lot, which is more conducive for larger commercial developments. The proposed self- storage facility will consist of 14 single -story self- storage structures, one two story leasing office /manager's residence, parking areas, drive lanes, landscaping and a detention pond. A stucco wall with a parapet type roofline will serve as a "visual screen from adjacent North Elizabeth Street and Interstate 25." The overall architectural theme of the site is southwestern mission style, which will incorporate the use of articulated projections and recesses along the street frontages in addition to utilization of contrasting fagade colors. The proposed subdivision meets all land area requirements for the B -4 Zone District and will provide an appropriate area for commercial development. FINANCIAL IMPACT None.